A division bench of the Karnataka High Court has passed an order directing the state government to dispose applications so as to provide benefits of social security to the transgender community under the Mythri Scheme as expeditiously as possible in light of the corona crisis.
The bench was comprised of Chief Justice Abhay Shreeniwas Oka and Justice BV Nagarathna
The order stated,
“If the transgenders who are covered by Mythri Scheme make an application for grant of the benefits under the Mythri Scheme, the State Government or the concerned Authorities will have to dispose of those applications immediately considering the prevailing situation and extend the benefits under the Mythri Scheme to all the eligible members of the transgender community.”
Apart from this the court had earlier passed an order dated 30th March according to which these marginalised communities had to be provided ration on the basis of their IDs as they did not have ration cards. It observed, “as directed under the order dated 30th March 2020, the State Government shall immediately take a decision on the question of providing the ration to this category of citizens on production of an authenticated proof of identity. While the State Government takes its decision, it will have to bear in mind that those who belong to the marginalized category may not be in a position to pay for the ration.”
The above orders were passed in an Intervention Application (IA) sought to look into the plight of daily wage earners, trans persons, devadasi women, and sex workers during the present crisis. The court ordered that as the beggars and other vulnerable groups were deprived of their daily wages, they should be granted free ration.
This IA was filed by Centre for Law & Policy Research (CLPR) on behalf of Ondede and Centre for Study of Social Exclusion & Inclusive Policy, NLSIU (CSSEIP) and was admitted on record on April 3. It also highlighted the vulnerable situation of marginalised groups including slum dwellers, manual scavengers, migrant workers, tribal groups and nomadic tribes due to the ongoing lockdown. It further prayed that as a result a number of NGOs were unable to reach these people for distribution of essential resources and hence efforts had to be by the government to ensure the same.
The following directions were sought by the intervenors:
1. To direct State to provide free of cost rations, food and nutrition and provisions including vegetables and fruit to members of the transgender community from ration shops and other outlets.
2. To provide Free of cost medicines to HIV positive persons as well as hormone therapy medicines, diabetes and other medications at government health centres so that transgender persons may avail the same.
3. To ensure that State government pays a monthly financial support of Rs. 5000/- per month for six months to transgender persons so that their needs are covered.
4. To direct the State Police to issue passes to persons from NGOs who are seeking to deliver rations and essential items to manual scavenger communities and other persons in need so that such materials may be distributed.
5. Migrant workers who are stuck in different locations in Bangalore should be provided food, water, essential items by the State Government.
6. To pass Directions to have local school teachers and ASHA workers to provide food and essentials to vulnerable communities and further, to enlist NGOs in Karnataka to assist the government during this emergency.
Senior Advocate Jayna Kothari and Advocate Rohan Kothari appeared for the intervenors.
Read the Impleading Application here
Read the Court Order here
